The legal definitions of theft and burglary are different in Texas, with each carrying its own implications and punishment. Understanding these difference will give you an idea of the complexity of the law and its intricacies. It will also shed light on why it is so important to have quality legal counsel during any situation that involves the law.
Theft
According to the Texas Penal Code, it is unlawful to appropriate (take something) with the intent to deprive the rightful owner of that property. In other words, it is taking someone else’s property without their permission.
The severity of theft charges vary anywhere from a Class C misdemeanor for property valued at under $100 to a first-degree felony if the item(s) stolen are valued over $300,000. In is key, for it to be theft, that there be an intent to deprive the owner of that property.
Burglary
On the other hand, when we talk about burglary, we are thinking bigger crimes. The legal definition under the Texas Penal Code states it is entering a building or habitation without the owner’s consent with the intent to commit a felony, theft or assault.
Unlike theft, where the person must take the item, the mere act of entering the dwelling or property with the intention to commit the crime is enough to charge a person with burglary.
Not the same crime
In Summary, while both crimes are similar in some ways, specifically in the unlawful appropriation of property, theft focuses on the act of taking, whereas burglary emphasizes unlawful entry with intent to commit a crime.
Understanding these distinctions can serve significantly because these crimes are so easily and commonly misunderstood.
